Reasonable suspicion is a legal term that refers to a level of evidence that is just below probable cause. This evidence can be used to support an employer's decision to investigate an employee, but it cannot be used as the sole reason for terminating an employee. To protect themselves from wrongful termination lawsuits, employers must ensure that they have grounds for termination. We will explore what constitutes reasonable suspicion in the workplace and how employers can go about managing it and take a look at some case law examples to help you understand how this concept applies in the real world.
What Is It?
Reasonable suspicion is a legal term that refers to a level of evidence that is just below probable cause. To have reasonable suspicion, an employer must have some evidence that would lead a reasonable person to believe that an employee has engaged in wrongdoing. This evidence can be direct or circumstantial. Direct evidence is concrete and undeniable, such as an eyewitness account of an employee stealing from the company safe. You can look at a Reasonable Suspicion Checklist for DOT-Regulated Employers to get an idea of what might be considered direct evidence. Circumstantial evidence is based on indirect observations and can often be open to interpretation, such as an employee who is frequently late for work and seems to be under the influence of drugs or alcohol.
- For an employer to act on reasonable suspicion, the evidence must be credible and trustworthy. This means that it cannot be based on hearsay or gossip. It must also be relevant to the allegations being made. For example, an employer cannot use an employee's race or religion as reasonable suspicion for theft.
How Is It Different From Probable Cause?
Probable cause is a higher standard of evidence than reasonable suspicion. Probable cause exists when there is enough evidence to believe that a crime has been committed and that the person accused of the crime is the one who committed it. For an employer to have probable cause to terminate an employee, they would need direct evidence that the employee had engaged in wrongdoing. This direct evidence would need to be credible and trustworthy, and it would need to be relevant to the allegations being made.
- Probable cause is a higher standard of evidence because it can be used as the sole reason for terminating an employee. Reasonable suspicion, on the other hand, can only be used to support an employer's decision to investigate an employee. It cannot be used as the sole reason for terminating an employee.
How Can Employers Manage It?
To avoid wrongful termination lawsuits, employers must ensure that they have grounds for termination. We will explore what constitutes reasonable suspicion in the workplace and how employers can go about managing it.
- Employers should have a written policy that outlines what types of behavior may warrant an investigation. This policy should be reviewed with all employees regularly. Employees should also be made aware of the consequences of engaging in misconduct.
- When an allegation of misconduct is made, the employer should conduct a thorough investigation. This investigation should be conducted confidentially. The employer should only speak to those employees who have relevant information.
- The employer should document the investigation from start to finish. This documentation should include all witness statements, evidence collected, and the final determination of whether or not the employee engaged in misconduct.
- If the employer finds that the employee did engage in misconduct, they should take appropriate disciplinary action. This disciplinary action should be commensurate with the severity of the offense.
What Are Some Case Law Examples?
There are many case law examples of reasonable suspicion in the workplace. In one example, an employee was accused of theft and was terminated based on reasonable suspicion. The employee sued for wrongful termination, but the court found that the employer had grounds for suspicion and that the investigation was conducted properly.
- In another example, an employee was accused of sexual harassment. The employer conducted an investigation and found that there was no probable cause to believe that the employee had committed misconduct. However, the employer did have reasonable suspicion and took appropriate disciplinary action.
What Are Some Best Practices?
Employers should take the following steps to ensure that they are managing reasonable suspicion in the workplace effectively:
- Develop a written policy that outlines what types of behavior may warrant an investigation.
- Review this policy with all employees on a regular basis.
- Make employees aware of the consequences of engaging in misconduct.
- Conduct a thorough investigation when an allegation of misconduct is made.
The Benefits of an Effective Reasonable Suspicion Policy
An effective reasonable suspicion policy can protect your company in multiple ways. It can:
- Prevent wrongful termination lawsuits: This is perhaps the most obvious benefit of an effective policy. If you have a well-documented reasonable suspicion policy in place, you will be able to show that the HR department had grounds for terminating an employee. This can help you avoid costly lawsuits.
- Ensure consistency: Without a policy in place, there is a risk that employees will be treated differently. Some employees may be investigated based on reasonable suspicion while others are not. This inconsistency can lead to morale problems and legal trouble.
- Protect your company's reputation: If an employee is accused of misconduct and is not terminated, this can damage your company's reputation. Having a reasonable suspicion policy in place shows that you take allegations of misconduct seriously and that you are willing to take appropriate action.
An effective reasonable suspicion policy is critical for any company. It can help to prevent lawsuits, ensure consistency, and protect your company's reputation. If you have not already done so, now is the time to develop a policy that meets the needs of your company. From there, be sure to review it regularly and make sure that all employees are aware of it. Also, make sure to investigate any allegations of misconduct thoroughly. Doing so will help to ensure that your company is manage reasonable suspicion in the workplace effectively.
